Judge Recuses Himself From Sex Case Involving Peer's Son

May 30, 1996|By TESSIE BORDEN Staff Writer

WEST PALM BEACH - — Palm Beach County Circuit Court Judge Howard Berman on Wednesday recused himself from a child sex abuse case involving the son of a colleague on the bench, and he brought up the possibility that all Palm Beach County judges may have to exclude themselves from the case.

Burk was charged with one count of lewd and lascivious act in the presence of a child; 25 counts of promoting a sexual performance of a child; one count of misdemeanor child abuse, and one count of sexual performance of a child. Burk is free on $5,000 bail.

According to police records, Burk had dropped off the pictures for developing at a Costco Wholesale Club on Northlake Boulevard using the name Lyle Lincoln.

When police got word of the pictures, which in some cases included the girl's face, they asked Palm Beach County School Police to help identify her. Before long, they had the identity of the girl, and they questioned her.

She told police she let Burk take the pictures because she was afraid he would tell her mother her "personal secrets."She also told police she had been physically and mentally abused by her biological father and was afraid of men.

The girl told police that Burk played a pornographic tape for her and her sister. The sister told police that Burk tried to take pictures of her, but she did not let him.

When confronted with the allegations, Burk admitted he had taken pictures of the girl, police said. The report said Burk told police he "felt he had a problem and was willing to deal with it and pay whatever consequences were necessary."

A Broward County prosecutor, Dennis Siegel, was appointed to handle the case.

Siegel said Berman recused himself from the case, and Berman said in court that Palm Beach County Chief Judge Richard Oftedal was looking into the possibility that all of the county's judges may have to excuse themselves from hearing the case.